ATLANTA (AP) — Jury selection is scheduled to commence on Friday for the primary defendant in the Georgia case accusing former President Donald Trump and others of illegally scheming to overturn the 2020 election in the state.
Lawyer Kenneth Chesebro was indicted just over two months ago, along with Trump and 17 others. Two of the co-defendants, including , who was initially expected to stand trial alongside Chesebro, have already pleaded guilty to lesser charges. The trial date for the remaining defendants has not yet been determined.
Unless Chesebro agrees to a plea deal prior to the trial, this trial will provide an extensive look at the evidence amassed by Fulton County District Attorney Fani Willis and her team against all the defendants.
Here’s what to anticipate:
TRUMP WILL PLAY A DOMINANT ROLE IN THE TRIAL
Without a doubt, the former president will be a central figure in the proceedings, despite his expected absence from the courtroom.
The indictment alleges that Chesebro and the other defendants “refused to accept that Trump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump.”
As the defense and prosecution select potential jurors, they are likely to explore their opinions on Trump, their political leanings, and their views on the claims of election fraud and theft by Trump.
CHESEBRO WILL STAND TRIAL ALONE
Up until Thursday morning, Chesebro was scheduled to stand trial alongside Powell, after both requested a speedy trial. Under Georgia law, a defendant who requests a speedy trial has the right to have the trial commence within the court term when the request is filed or the next court term. Consequently, the trial must begin by November 5.
Powell reached an agreement with the prosecutors, pleading guilty to six misdemeanor charges. As part of the deal, she must testify truthfully if called as a witness in any future trials related to the case. She also received probation and a fine.
THE ALLEGATIONS AGAINST CHESEBRO
All defendants are accused of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, known as RICO, through their participation in a wide-ranging scheme to maintain Trump’s hold on power despite his loss in the election.
Chesebro is specifically accused of contributing to the coordination and execution of a plan to convince 16 Georgia Republicans to sign a fraudulent certificate declaring Trump as the winner and themselves as the state’s “duly elected and qualified” electors.
According to the indictment, Chesebro drafted memos outlining the plan, including one that “provides detailed, state-specific instructions” for Trump elector nominees in swing states where he had lost. These instructions pertained to the casting of votes for Trump on December 14, 2020.
A few days before these meetings were to take place, Chesebro wrote in an email that “the purpose of having the electoral votes sent to Congress is to provide the opportunity to debate the election irregularities in Congress and to keep alive the possibility that votes could be flipped to Trump.”
In an email to former New York Mayor Rudy Giuliani, he presented strategies to disrupt and delay the joint session of Congress on January 6, 2021, during which electoral votes were to be certified. Prosecutors allege that Chesebro stated that these strategies were “preferable to allowing the Electoral Count Act to operate by its terms.”
In addition to the racketeering charge, Chesebro faces six felony conspiracy charges related to the elector plan.
CHESEBRO’S DEFENSE
Chesebro’s legal team does not contest that he drafted the memos and emails in question. However, they argue that all of his actions were justified under Georgia and federal law. They maintain that Chesebro, a constitutional law expert who was working as a lawyer to provide legal opinions to the Trump campaign, conducted himself within the bounds of his profession.
“Nothing about Mr. Chesebro’s conduct falls outside the bounds of what lawyers do on a daily basis; researching the law in order to find solutions that address their clients’ specific needs,” they stated in court filings.
Chesebro’s lawyers attempted to prevent prosecutors from using his memos and emails as evidence, claiming attorney-client privilege and the work product doctrine. However, the judge rejected these arguments.
THE JURY SELECTION PROCESS
The 450 potential jurors summoned to the downtown Atlanta courthouse on Friday will spend several hours completing an extensive questionnaire developed collaboratively by the prosecutors, defense attorneys, and Fulton County Superior Court Judge Scott McAfee. The completed questionnaires will be scanned into a shared drive accessible to the attorneys.
On Monday, the potential jurors will be called in groups of 14 for individual questioning. The judge will inquire about any hardships that would prevent individuals from serving as jurors. Afterward, the prosecution and defense attorneys will have an hour per group to ask their own questions.
To ensure an adequate pool of potential jurors, an additional 450 people will be summoned on October 27 to complete questionnaires, as requested by McAfee.
In a September order, McAfee stated his intention to have the jury seated and sworn in by November 3, in order to meet the statutory deadline for a speedy trial.
THE TRIAL DURATION
Prosecutors have indicated that, since the case falls under the RICO law, they plan to present the entire alleged conspiracy, including all witnesses and evidence, in any trial related to the case. They have estimated that a trial will last four months and involve over 150 witnesses.
Recently, McAfee informed potential jurors during the selection process that the trial is likely to span up to five months.
